IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl MC No. 1742 of 2007()
1. SAJU @ MRUGAM SAJU, AGED 29,
... Petitioner
Vs
1. STATE OF KERALA, REP.BY
... Respondent
For Petitioner :SRI.B.RAMAN PILLAI
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :25/06/2007
O R D E R
R.BASANT, J.
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Crl.M.C.No.1742 of 2007
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Dated this the 25th day of June 2007
O R D E R
The petitioner is the third accused in the ill famous
Kanichukulangara case. The petitioner was released on bail by
the learned Sessions Judge. The order granting bail was
challenged before this court and by Annexure A2 order dated
21/03/2007 this court refused to interfere with the order
granting bail but felt that appropriate conditions must be
imposed to ensure that the stream of justice is not polluted.
Accordingly, conditions were imposed that the petitioner shall
not leave the jurisdiction of the J.F.C.M Alappuzha until further
orders. Further conditions were imposed about the requirement
of the petitioner reporting before the investigating officer . The
learned counsel for the petitioner submits that the said
conditions are remaining in force from 21/3/2007. One attempt
made by the petitioner to get the said conditions modified did
not succeed and that prayer was rejected by order dated
12/4/2007. At least now, this court may be pleased to modify the
conditions and permit the petitioner to go to his native place.
The learned counsel for the petitioner submits that the mobility
of no other accused is fettered by the imposition of any such
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condition. In these circumstances, the learned counsel prays
that a lenient view may be taken and the conditions may be
modified, if not deleted.
2. The learned Public Prosecutor opposes the application
most vehemently. The learned Public Prosecutor submits that
the order granting bail to the petitioner as also the subsequent
order passed by this court, are being challenged before the
Supreme Court and the challenge is pending even now. The bail
granted to some other co-accused has also been challenged
before the Supreme Court. In these circumstances, the learned
Public Prosecutor submits that there is no change in
circumstances justifying or warranting the modification or
deletion of the conditions imposed. The learned Public
Prosecutor submits that the investigation is completed and final
report has been filed but for reasons not attributable to the
prosecution, trial has not commenced.
3. This court is disturbed to note that the trial in this
case has not commenced in spite of earlier directions issued.
Reports were called for from the learned Magistrate/Committal
court and the Trial Court/Sessions Court. The reports reveal
that altogether there are 13 accused persons in the crime. All
Crl.M.C.No.1742/07 3
accused, except accused 6 and 11 to 13 were committed to the
court of Session long back. The sixth accused has also been now
committed to the court of Session. Cognizance has been taken
by the learned Sessions Judge of the case against the sixth
accused also, by now. There are three more accused alleged as
accused 11 to 13. They were arrayed as accused only after the
arrest of the sixth accused. Accused 11 and 12 have already
surrendered before the Magistrate. They have been enlarged on
bail. The thirteenth accused is absconding. Proceedings against
him are pending. The learned Magistrate has taken the view
that it is not strictly necessary to commit the case against
accused 11 to 13 and that the learned Magistrate can take
cognizance of the case and proceed against the case as a
calender case. C.C.No.214/2007 has been registered. The
learned Public Prosecutor submits that the registration of the
C.C is not justified and that, at any rate, the case against A11 to
A13 also deserves to be committed to the court of Session, at
least under Section 323 Cr.P.C. The learned Magistrate in the
report also submits that the case can be committed under
Section 323 Cr.P.C.
Crl.M.C.No.1742/07 4
4. The facts of the case reveal that it will be in the
interests of due and proper administration of justice that such a
case which has left scars in the public mind is taken up for trial
and disposed of as expeditiously as possible. In the interests of
the petitioner against whom stringent conditions remain in force
also, such expeditious disposal is absolutely necessary. I am, in
these circumstances, satisfied that appropriate directions can
and ought to be issued to the learned Judicial First Class
Magistrate Court-I, Alappuzha and the learned Sessions Judge,
Alappuzha to ensure that the case against all the available
accused, that is, A1 to A12 are taken up and disposed of as
expeditiously as possible. The learned Judicial First Class
Magistrate Court-I, Alappuzha shall forthwith commit the case in
so far as it relates to A11 and A12 under Section 323 Cr.P.C to
the court of Session. Such committal shall be made as
expeditiously as possible, at any rate, within fifteen days from
the date of receipt of a copy of this order. The case against the
absconding accused A13 can be split up straight away. S.82 and
83 proceedings A13 can be continued and the same if necessary
can be transferred to the list of long pending cases. The
committal of the case against A11 and A12 need not wait any
Crl.M.C.No.1742/07 5
longer. The learned Principal Sessions Judge shall also ensure
that the case against A1 to A12 are consolidated and the trial
proper is commenced as expeditiously as possible, at any rate,
within a period of two months from this date. Compliance shall
be reported to this court forthwith.
5. This Criminal Miscellaneous Case is, in these
circumstances, dismissed with the above observations.
6. Hand over copy of this order to the learned
Prosecutor for immediate production before the learned
Magistrate and learned Sessions Judge. The registry shall send
copies to both of them forthwith and shall communicate the
directions over the telephone to ensure expedition.
(R.BASANT, JUDGE)
jsr
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R.BASANT, J.
CRL.M.CNo.
ORDER
21ST DAY OF MAY2007